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Home Court filings Skyworks, Ltd. v. Centers for Disease Control and Prevention

Case docket

Skyworks, Ltd. v. Centers for Disease Control and Prevention — N.D. Ohio, No. 5:20-cv-02407

Skyworks, Ltd. v. Centers for Disease Control and Prevention — N.D. Ohio, No. 5:20-cv-02407 — 19 documents in the archive, dated October 23, 2020 to December 13, 2021.

Case facts

CourtU.S. District Court for the Northern District of Ohio
Docket numberNo. 5:20-cv-02407 — main docket · CourtListener docket 271237
Filings19 public filings
Filed2020-10-23 – 2021-12-13
Document typesnotices (3), motions (2), opinions (2), complaint (1), memorandum or brief (1), judgment (1)
Original PDFs19 of 19

Case summary

Four landlords and property managers and the National Association of Home Builders filed this complaint on October 23, 2020 in the U.S. District Court for the Northern District of Ohio, Eastern Division, No. 5:20-cv-02407, challenging the nationwide residential eviction moratorium the Centers for Disease Control and Prevention adopted on September 4, 2020. The complaint pleads four counts: that the order exceeds the CDC's statutory and regulatory authority, that it is an unconstitutional exercise of legislative power, that the CDC failed to follow notice-and-comment rulemaking, and that the order is arbitrary and capricious. In an opinion and order of March 10, 2021 the court held that the CDC exceeded its authority under Section 361(a) of the Public Health Service Act, and it entered an amended judgment declaring the orders invalid on June 3, 2021.

Case at a glance

PartiesPlaintiffs: Skyworks, Ltd.; Cedarwood Village Apartments I & II Owner B, LLC; Monarch Investment and Management Group, LLC; Toledo Properties Owner B, LLC; and the National Association of Home Builders. Defendants: Centers for Disease Control and Prevention and its Director and Acting Chief of Staff, the Department of Health and Human Services and its Secretary, and the Attorney General of the United States, all the individuals in their official capacities; the officials named change between the complaint and the notice of appeal
Court and docketU.S. District Court for the Northern District of Ohio, Eastern Division, No. 5:20-cv-02407 (Judge J. Philip Calabrese, Magistrate Judge Carmen E. Henderson); the complaint is docketed 5:20-cv-02407-JRA and later filings 5:20-cv-02407-JPC
ProgramNot named in the filings on this page. The measure at issue is the CDC's nationwide residential eviction moratorium under Section 361 of the Public Health Service Act; the complaint refers to the expiration of the earlier moratorium on certain evictions under the CARES Act
ClaimsCount I, the CDC's order exceeds its statutory and regulatory authority, in violation of 42 U.S.C. § 264, 42 C.F.R. § 70.2 and 5 U.S.C. § 706(2)(A) and (C); Count II, the order is an unconstitutional exercise of legislative power in violation of the nondelegation doctrine, U.S. Const. art. I, § 1; Count III, failure to follow notice-and-comment rulemaking, 5 U.S.C. §§ 553 and 706(2)(D); Count IV, the order is arbitrary and capricious under 5 U.S.C. § 706. The prayer seeks a declaratory judgment and preliminary and permanent relief
Disposition or statusJudgment for the plaintiffs. The opinion and order of March 10, 2021 held that the CDC's eviction-moratorium orders exceed its statutory authority; the amended judgment of June 3, 2021 declares the orders of September 4, 2020, January 29, 2021 and March 31, 2021 invalid and states that it binds the parties, including their respective members, wherever they may be. The defendants filed a notice of appeal on June 15, 2021, and on December 10, 2021 Skyworks withdrew its motion for attorneys' fees, stating that the parties had reached a settlement on fees
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the court decide?

That the Centers for Disease Control and Prevention exceeded the scope of its authority under Section 361(a) of the Public Health Service Act, 42 U.S.C. § 264(a), by adopting and enforcing a nationwide eviction moratorium in orders dated September 4, 2020, January 29, 2021 and March 31, 2021, and that because those orders exceed the agency's statutory authority they are invalid.

What did the second opinion address?

The scope of the declaratory judgment. The plaintiffs moved to alter or amend the earlier judgment to clarify whether it bound only the parties or applied more broadly; the opinion of June 3, 2021 records that the plaintiffs maintained the CDC's nationwide order has no validity nationally or at least within the Northern District of Ohio, while the CDC read the ruling as binding only the parties. The court held the plaintiffs had standing to seek that clarification and entered the amended judgment the same day.

What order was challenged?

The opinion records that on September 4, 2020 the CDC ordered a moratorium on some but not all evictions, acting on an emergency basis under Section 361 of the Public Health Service Act and 42 C.F.R. § 70.2 while disclaiming rulemaking under the Administrative Procedure Act, and that the Consolidated Appropriations Act extended that order through January 31, 2021. The CDC later extended the moratorium through June 30, 2021.

Docket

19 documents in docket-entry order; attachments follow their entry. Gaps name the entries we do not have.

No. 5:20-cv-02407

  1. Complaint — Skyworks v. CDCEntry 1
  2. —Entries 2–11 are not in the archive
  3. Motion for Preliminary Injunction — Skyworks v. CDCEntry 12
  4. —Entries 13–19 are not in the archive
  5. Amicus Curiae Brief (NCLA, NAA, NARPM) — Skyworks v. CDCEntry 20
  6. —Entries 21–22 are not in the archive
  7. Defendants' Opposition to Motion for Preliminary Injunction — Skyworks v. CDCEntry 23
  8. —Entries 24–27 are not in the archive
  9. —Entry 28: main document not in the archive
  10. Amicus Curiae Brief (Medical and Public Health Professionals) — Skyworks v. CDC (N.D. Ohio, 2020-11-30, 2)Entry 28, attachment 1
  11. —Entries 29–30 are not in the archive
  12. —Entry 31: main document not in the archive
  13. Amicus Curiae Brief (Community Legal Aid / NHLP) — Skyworks v. CDC (N.D. Ohio, 2020-11-30, 1)Entry 31, attachment 1
  14. —Entry 32 is not in the archive
  15. Plaintiffs' Reply in Support of Motion for Preliminary Injunction — Skyworks v. CDCEntry 33
  16. —Entries 34–37 are not in the archive
  17. Brief of Amici Curiae (Public Health Groups) — Skyworks v. CDCEntry 38
  18. —Entries 39–44 are not in the archive
  19. Joint Status Report — Skyworks v. CDC (Doc. 45, filed 2021-01-27)Entry 45
  20. —Entries 46–49 are not in the archive
  21. Notice of Related Decision (Terkel v. CDC) — Skyworks v. CDCEntry 50
  22. —Entries 51–53 are not in the archive
  23. Memorandum Opinion and Order — Skyworks v. CDC (N.D. Ohio)Entry 54
  24. —Entries 55–56 are not in the archive
  25. Motion to Clarify or Amend Judgment — Skyworks v. CDCEntry 57
  26. —Entries 58–59 are not in the archive
  27. Defendants' Opposition to Motion to Clarify or Amend Judgment — Skyworks v. CDC (N.D. Ohio)Entry 60
  28. —Entries 61–63 are not in the archive
  29. undatedPlaintiffs' Reply in Support of Motion to Clarify or Amend Judgment — Skyworks v. CDCEntry 64
  30. —Entry 65 is not in the archive
  31. Opinion and Order on Scope of Declaratory Judgment — Skyworks v. CDC (N.D. Ohio)Entry 66
  32. Amended Judgment — Skyworks v. CDCEntry 67
  33. —Entries 68–69 are not in the archive
  34. Notice of Appeal — Skyworks v. CDCEntry 70
  35. —Entries 71–79 are not in the archive
  36. Notice of Withdrawal of Motion for Attorneys' Fees — Skyworks v. CDC (N.D. Ohio)Entry 80
  37. Joint Status Report — Skyworks v. CDC (Doc. 81, filed 2021-12-13)Entry 81

More documents from this case’s dockets

1 more document linked to this case’s dockets is in the archive and not in the docket above.

  1. Judgment (2020-10-22)Cover sheetCivil cover sheet in No. 5:20-cv-02407-JRA: Skyworks, Ltd. challenges the CDC residential eviction halt order under the Administrative Procedure Act.

Court, dates and docket numbers are as recorded on the filings.

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